·The Hindu·15 marks·250–350 wordsPolity

Education is a Concurrent List subject — analyse the administrative challenges in enforcing a uniform national registration framework for schools and madrasas.

In this answer
  1. Legislative competence and instrument design
  2. Statutory carve-out limits registration
  3. Capacity, reach and coordination gaps

Entry 25, List III of the Seventh Schedule places education in the Concurrent List [1], so a single national registration regime for schools and madrasas must be built through, not over, State machinery. The Supreme Court's contempt notice to the Union Education Secretary (September 2026) for not deciding a plea seeking mandatory registration of institutions teaching children up to 14 [6] exposes how administratively demanding such a framework is.

Legislative competence and instrument design

  • Concurrency permits a Union law, but not a ministry circular; school regulation today runs through State boards and State Acts.
  • In Anjum Kadari (2024) the Court upheld the UP Board of Madarsa Education Act, 2004, yet struck down its fazil/kamil degree provisions for trespassing the Union's field [2]. A centrally drafted framework risks a similar competence defect, not a minority-rights bar.

Statutory carve-out limits registration

  • Section 1(5), RTE Act, 2009 exempts madrasas, Vedic pathshalas and institutions primarily imparting religious instruction [3]. Registration alone cannot extend Article 21A entitlements; only Parliament can amend the carve-out.
  • NCPCR's report on children's constitutional rights versus madrasas urged funding conditionality for RTE compliance [4] — an administrative, not licensing, lever.

Capacity, reach and coordination gaps

  • State surveys have enumerated unrecognised institutions without a mapped transfer plan into RTE-compliant schools; listing is easier than placement, teacher redeployment and inspection.
  • Affiliation mandates and incentive schemes bind only willing entrants: madrasa modernisation assistance flows to participating institutions alone [5], leaving informal maktabs untouched.
  • The scheme's shift to the Ministry of Minority Affairs (2021) [5] adds inter-ministerial coordination burdens atop Centre–State ones.

A uniform registry is therefore feasible only as a Union model law adopted by States, paired with an RTE amendment and a child-placement obligation, so that enumeration converts into schooling. Anchored in cooperative federalism and Article 21A, regulation can then advance child welfare without unsettling minority educational autonomy.

Sources

  1. 1The Constitution of India, Seventh Schedule — List III, Entry 25education as a Concurrent List subject
  2. 2Anjum Kadari v. Union of India, 2024 INSC 831 (Supreme Court, 5 Nov 2024)UP Madarsa Act upheld; degree provisions struck down for legislative incompetence
  3. 3The Right of Children to Free and Compulsory Education Act, 2009 — India CodeSection 1(5) exemption for madrasas and religious-instruction institutions
  4. 4NCPCR Reports page, National Commission for Protection of Child Rightsreport on constitutional rights of children vs. madrasas; RTE-compliance funding conditionality
  5. 5PIB, "Implementation of Madrasa Modernisation Scheme"SPQEM assistance limited to participating madrasas; scheme transferred to Ministry of Minority Affairs from 01.04.2021
  6. 6The Hindu, "SC seeks response from govt. on religious education plea", 16 September 2026 — contempt notice to Union Education Secretary on the registration plea (link not verifiable at time of writing)
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